Today's post is the part two of my 9/8/10 post titled "The Case of the Savvy Sleuth"...... It was one of defense attorney Gary Baker's (Elzufon, Austin, Tarlov & Mondell) finest hours as he defeated the claim of a double amputee on the basis of course and scope-arguing that the late night rendez vous-- with his girlfriend-- in a local bar --on the Fourth of July weekend-- was not a business meeting. The case was then appealed, such that the Superior Court remanded it back to the Industrial Accident Board with instructions to re-consider the evidence with certain prejudicial content redacted.
The attached ruling on remand reads like a fast-paced dime store novel, a real page-turner. David Mosley v. Gateway House, IAB#1343902 (10/3/12). I offer this as a tutorial to the defense bar for the meticulousness of the fact investigation. It carried the day at the first hearing in 2010 and did so again on remand in 2012. There were two issues in this case-(1) Was the girlfriend even an employee of Gateway House as alleged? and (2) if so, was the encounter on Friday night at Ginn's Tavern a business meeting?
Also worth checking out is the Motion for a new Board panel on remand...it was denied, but with commentary that offers something to think about. In essence, the remand had one of the two same Board Members, and the same Hearing Officer. And props to Hearing Officer Susan Mack for pulling together all of that evidence (8 fact witnesses and one digital forensic analyst) into a study in concise clarity.....allowing that there was a whole lot of detail and minutia in this one.
I don't drink spirits.........as such I don't tend to frequent bars. But allow me on just this one occasion to plug Ginn's Tavern in Chester , PA..... because Ulysses "just call me Bob" Ginn came to the hearing to testify....apparently sober as a judge...LOL!!
Irreverently yours, Cassandra Roberts
Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts
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